REFLECTION BAY- LAW SUIT - TWO SIDES TO EVERY STORY

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The following from the UCO Reporter

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Court Ruling on Reflection Bay, May 17, 2013

A few residents who are apparently in favor of the development of Reflection Bay handed out an anonymous unsigned flyer at the entrance to Duck Island while the ProActive Residents Projects Committee Inc. was holding a BBQ party. This flyer was posted on the blog, OUR VILLAGE, in West Palm Beach on  Wednesday, May 22, 2013. The title of the statement read, “Southampton Loses in Court Against the County and Reflection Bay.”

The ProActive Residents Projects Committee Inc., said that the unsigned flyer is misleading because the ruling from the judge merely asks us to amend the development order challenge today as a “petition of writ of certiorari” which the Plaintiffs' Attorney is already preparing for filing within the next 20 days.

The Proactive group said the Plaintiffs' lawyer will file within 20 days. they continued, “They made it sound like the lawsuit is over with, which is misleading and not accurate.”

The Plaintiffs' attorney, Ralf Brookes said that the case is far from over and explained the procedure for certiorari, “The judge has ruled that the attorney for the plaintiffs can amend the development order challenge as a petition of writ of certiorari. The court has ruled that it will accept our petition and will then allow the county and Fairway LLC to file a Response Brief and the plaintiffs to file a Reply Brief. The court will then rule based on the briefs and record on appeal, or the court schedule a final oral argument prior to issuing its ruling.

On Tuesday, May 21, 2013, Judge Brunson entered an Order requiring the development order challenge be amended and filed as a “petition for writ of certiorari” (latin phrase meaning an “appeal”). In the certiorari appeal, the court will review and consider briefs based on the record transcripts of the Board of County Commission hearings.

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Dave Israel

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Blogmeister comment
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Certiorari is a Latin word meaning "to be informed of, or to be made certain in regard to".  It is also the name given to certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals court.  The U.S. Supreme Court still uses the term certiorari in the context of appeals.

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Petition for Writ of Certiorari.  (informally called "Cert Petition.")  A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court.  It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ.

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REF: http://www.techlawjournal.com/glossary/legal/certiorari.htm

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